Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “coupling mechanism” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kupferschmid et al. (US 2002/0095177).
Regarding claim 1, Kupferschmid et al. disclose a medical quick coupling system for mounting a guide sleeve (12) without tools, the medical quick coupling system comprising: at least one guide sleeve (12) having a guide axis in which a medical instrument or a medical device (16) is receivable and alignable or orientable in a direction of the guide axis; a quick coupling (Figures 2 and 3) having a carrier sleeve (30) into which the at least one guide sleeve is receivable (Figures 3 and 4), and a radially outer actuating sleeve (48), which is movable relative to the carrier sleeve with a first receiving position (Figure 3) and a second fixing position (Figure 2; ¶[0041]); and a coupling mechanism (80/68/76/88/90/42; interpreted under 35 U.S.C. 112(f) as a series of sleeves, springs and balls for locking onto a medical device; e.g. see Applicant’s claims 6 and 10) disposed between the actuating sleeve and the carrier sleeve, the coupling mechanism being adapted so that an insertion of the at least one guide sleeve into the quick coupling moves the coupling mechanism from a first disengaged position into a second engaged position (¶[0054]), the coupling mechanism thereby moving the actuating sleeve from the receiving position into the fixing position (68 and 48 are rigidly connected via nut 70 - ¶[0043]), and the coupling mechanism further being adapted so that an actuation of the actuating sleeve from the second fixing position against a pretension force into the first receiving position moves the coupling mechanism from the second engaged position into the first disengaged position (¶[0052]-[0053]).
Regarding claim 2, the coupling mechanism has at least one actuating element (86) that protrudes radially into a receiving space of the carrier sleeve through a through-hole (36) of the carrier sleeve (Figure 2), so that the actuating element is taken along by the at least one guide sleeve when inserted in an insertion direction (¶[0054]).
Regarding claim 3, the at least one guide sleeve has at least one actuating section (having recesses 46), which is provided and designed to engage with the at least one actuating element during insertion (¶[0054]).
Regarding claim 4, the at least one actuating section is formed by a radially extending end face of a guide groove or guide recess (46) extending into a distal end section in the insertion direction (¶[0040]).
Regarding claim 5, a plurality of guide grooves or guide recesses are arranged with the end faces distributed circumferentially (Figures 2 and 3), and wherein an insertion section of the at least one guide sleeve is rounded (see rounded bottom ends of recesses 46 or tabs between recesses are rounded circumferentially), into which the guide grooves or guide recesses run out in a rounded manner (¶[0040]; Figures 2 and 3), whereby an insertion aid of the at least one actuating element into the respective guide groove or guide recess and/or an aid for sliding the respective guide groove or guide recess onto the at least one actuating element is formed (¶[0054]).
Regarding claim 6, the coupling mechanism comprises a first coupling sleeve (68) and a second coupling sleeve (80), the first coupling sleeve and the second coupling sleeve being coaxially arranged and axially displaceable in an intermediate space between the carrier sleeve and the actuating sleeve (¶[0051]-[0054]), wherein the first coupling sleeve has a first sleeve section (78) with a larger, first inner diameter and a second sleeve section (engaging balls 42 - Figure 2) with a smaller, second inner diameter, viewed in an axial direction, and wherein the first coupling sleeve cooperates with a first locking means (42; interpreted, in light of Applicant’s specification, under 35 U.S.C. 112(f) as balls for locking onto a medical device and equivalents thereof) in such a way that the first coupling sleeve engages the first locking means radially inwardly by moving over the first locking means from the larger, first inner diameter to the smaller, second inner diameter, which engages in the at least one guide sleeve in a form-fitting manner, so that the at least one guide sleeve is coupled to the carrier sleeve (¶[0054]), wherein the first coupling sleeve interacts with the first, locking means in such a way that the first coupling sleeve releases the first locking means radially outwards when moving back from the smaller, second inner diameter to the larger, first inner diameter, so that the at least one guide sleeve is uncoupled from the carrier sleeve (¶[0052]).
Regarding claim 7, the second coupling sleeve has, as seen in the axial direction, a first sleeve section (92) with a larger, first inner diameter and a second sleeve section (proximal to 92) with a smaller, second inner diameter, and wherein the second coupling sleeve cooperates with a second, radially outer locking means (90; interpreted, in light of Applicant’s specification, under 35 U.S.C. 112(f) as balls for locking onto a medical device and equivalents thereof) in such a way that the second coupling sleeve moves over the second, radially outer locking means from the larger, first inner diameter to the smaller, second inner diameter, the second, radially outer locking means radially inward, which engages in the carrier sleeve in a form-fitting manner, so that the first coupling sleeve is coupled to the carrier sleeve (see sleeve 80 pressing locking balls 90 into recesses 94 of carrier sleeve in Figure 3), and wherein the second coupling sleeve is connected to the second, radially outer locking means of the coupling mechanism cooperates in such a way that the second coupling sleeve releases the second, radially inner locking means radially outwards again when moving back from the smaller, second inner diameter to the larger, first inner diameter so that the first coupling sleeve is uncoupled from the carrier sleeve (¶[0054]; tube 12 moves pins 86 proximally to move sleeve 80 proximally such that balls 90 move into the first sleeve section).
Regarding claim 8, the first coupling sleeve is coupled to the actuating sleeve in a motion-coupled manner (via nut 70; ¶[0043]).
Regarding claim 9, the second coupling sleeve is motion-coupled to the at least one actuating element (¶[0047]).
Regarding claim 10, the coupling mechanism has a first spring (76) by which the actuating sleeve is prestressed in a direction of the second fixing position (¶[0054]) and the first coupling sleeve which is coupled in motion to the actuating sleeve is prestressed in a direction of movement of the first locking means from the larger, the first inner diameter to the smaller, second inner diameter (¶[0054]).
Regarding claim 11, the coupling mechanism has a second spring (84) by which the second coupling sleeve is supported on the first coupling sleeve (¶[0047]), and by which the second coupling sleeve is pre-stressed in the direction of passing over the second locking means from the larger, first inner diameter to the smaller, second inner diameter (¶[0054]; Figure 2).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kupferschmid et al. (US 2002/0095177) in view of Sugai et al. (US 6,099,537).
Regarding claim 12, Kupferschmid et al. fail to disclose two guide sleeves as claimed.
Sugai et al. teach that it is beneficial to use multiple treatment devices (52) with the same handle in order to allow repair or to change the type of treatment device (col. 18, lines 53-65; Figure 19).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the system of Kupferschmid et al. with multiple guide sleeves connectable to the coupling mechanism as claimed in order to allow easier repair or replacement of the treatment device (14).
Conclusion
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/THOMAS MCEVOY/Primary Examiner, Art Unit 3771